Outdoor Dining Permit Application

Fairfax City’s Seasonal Outdoor Dining Permit Program allows for temporary dining on private property and the public right-of-way (ROW). The Design and Operational Guidelines(PDF, 10MB) allow restaurants to create safe, cost-effective ways to add outdoor seating, increasing the visibility of business, and enhancing the customer experience overall.

Seasonal outdoor dining areas must meet design and operational guidelines prior to approval, issuance of a permit, and use. Seasonal outdoor dining permits must be renewed each year and are only permitted to be in operation from March 1 through November 30. Any changes or additions to an approved application or existing sidewalk dining area shall require submission of a new application.

Eligibility

Eating and drinking establishments must have a valid Fairfax City business license and be current on all applicable filings and taxes. A Certificate of Use and Occupancy is also needed.

Costs

There is an annual application charge of $100.00 for the inspection and review of all seasonal outdoor dining areas. Fees are due at application submittal and are non-refundable regardless of whether a permit is approved or denied. Fees are to be paid at the Commissioner of the Revenue located at 10455 Armstrong Street, Fairfax, VA 22030.

Applicants for seasonal outdoor dining areas located in the public ROW, are required to pay an exclusive use fee. The exclusive use fee is assessed based on the square footage of the public ROW area leased. Fees for use of public sidewalk or public ROW shall be ten dollars ($10.00) per square foot per term.

Plan Your Seasonal Outdoor Dining Area

Before applying, determine if SODP3 is a permitted use for your restaurant:

  • Public ROW – Allowance of outdoor dining on public property may include oversized sidewalks or multipurpose paths and other public spaces that are adjacent to building frontages.
  • Private Property – Outdoor seating on private property permitted on any oversized walkways, paved areas near a building entrance, plazas, or parking lots located on private property, including those that are part of a shopping center.

Cross check the SODP3 design and operational guidelines to ensure that your establishment can operate in accordance with the site-specific program requirements. Then, design a site plan to scale for the seasonal outdoor dining space.

Apply for a Permit

All applications will be reviewed and permitted through an administrative approval process and each application must be submitted along with the following items:

  • A site plan showing the proposed seasonal outdoor dining space to scale; including layout of furnishings and furniture, measurements (to buildings, sidewalks, roadways, etc.), and location of physical barriers
  • A furniture and furnishings summary that includes color photos, renderings, or graphics showing the type and materials of furniture, umbrellas, and/or planters. If barriers are required to meet design guidelines, submit color photos, renderings, or graphics as well. If product specification sheets are available, it is recommended to include them with the submittal.

Additional site-specific application requirements include:

  • Public ROW
    • Proof of commercial general insurance with the City named as additionally insured in the minimum amount of one million dollars ($1,000,000.00) per occurrence.
    • Proof of commercial general insurance with the City named as additionally insured in the minimum amount two million dollars ($2,000,000.00) general aggregate.
    • If applicable, evidence of liquor liability coverage with a minimum of one million dollars ($1,000,000.00) per occurrence and proof of workers compensation insurance.
  • Private Property
    • Written approval for use of the identified seasonal outdoor dining area with signature from the property manager and/or owner.

Interested eating and drinking establishments may submit completed applications beginning February 1 through electronic submission using the form below or via email. For email submissions, download the Seasonal Outdoor Dining Pilot Permit Application(PDF, 264KB) and send supporting documentation to outdoordining@fairfaxva.gov.

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